[WSBAPT] California Franchise Tax Board Creditor's Claim

[susan at pepetersonlaw.com]

Good afternoon listmates,

I represent the PR of an estate where the decedent, through counsel, was in
the process of disputing a claim by the IRS for back taxes when she passed
away unexpectedly.  Because it's the IRS, the dispute is STILL going on and
it's not clear to me when or how it will be resolved, though the tax
attorney apparently feels relatively confident that he will prevail.  We did
publish a probate notice to creditors and the 4 months since the first date
of publication has long since passed.  Today I received a Request for
Special Notice and a Creditor's Claim from the California Franchise Tax
Board(FTB)  for just over $10k for state income tax for the same years that
are at issue with the IRS.  The FTB's notice is dated March 30 but, thus
far, the claim has not been filed with the court.  I had no idea that there
was an additional debt for state income taxes, and I haven't connected with
my client yet to find out if the PR was aware.  I do not believe that the
FTB was given actual notice.  I have been told that the creditor's claim
period just won't cut the mustard with the IRS, but what about a state
taxing agency?  Has anyone ever dealt with this?  I'd appreciate thoughts.  

 

Susan E. Spuller

Attorney at Law

 

Peterson Spuller, PLLC

345 Knechtel Way NE, Suite 102

Bainbridge Island, WA 98110

206.855.9293

Fax: 206.678.0105

 

 

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